Research On Legal System Of The Transfer Of Contractual Right Of Rural Land

In the past30years, with the development of rural economy, with the transition from traditional agriculture to modern agriculture, with the transfer of rural labor employment to the second and the third industry, the transfer of the right of contractual management of rural land shallowly developed faster and presented the trend of moderate scale management. It is said that, the stability of agriculture to some extent determines the stability of the whole world. Issues of agriculture, farmer and rural area related to China’s goal of building a moderately prosperous society. Besides, the circulation about the right of contractual management of rural land shallowly has become a hot topic of these3issues. On the third plenum of the17th communist party of china central committee, which held in October2008, pointed that in order to strengthen the right to the contracted management of land circulation management and service, to establish and perfect the contracted management of land circulation market, according to the voluntary paid principle, the country allow farmers to circulate the right of contractual management of rural land shallowly in forms of sub-contract, lease, exchange, transfer, etc. Other places which have better conditions can develop family farm, farmers’ professional co-operatives scale operators, etc. No.1document from Central Committee of the CCP put forward that we should stabilize and improve the rural basic management systems, which includes improve the rural land contract law, regulations and policies; accelerate the formulation of specific measures; ensure that the existing land contract relations remain stable, and continue to do a good job in land management.Therefore, we should strengthen the management and service of contractual right of rural land. We should improve the circulation market. On the basis of voluntarily paid circulation, we should develop various forms of moderate scale management. Besides, we’d better strictly implement the Rural Land Contract Disputes Mediation and Arbitration, and accelerate the construction of rural land contract arbitration dispute resolution system. We should promote the reform of basic management system in accordance with clear ownership, management specification, and contract to the home. We should encourage some areas which have better conditions to carry out the trial reform of rural collective property rights system. We all know that, the latest property law is still based on the rural land contract law, it aims to regulate the circulation of rural land contracted management, which seems that it’s urgent to conduct researches on the circulation of the right of contractual management. Many legal experts and scholars are concerned about this issue, however, the research connotation remains unclear, the system is incomplete, the details are far more enough, and some discussions are too limited.This paper first introduced the subject of the study. And then the author briefly illustrated the legal system of the transfer of rural land contracting right. After that, the author introduced the concept, characteristics, history, its practical significance and legislation status. According to literature review, the author tend to analyze the connotation, nature and significance of the transfer of rural land contracting right. And then the author reviewed the past legal system on this topic and introduced the present legislation of the transfer of rural land contracting right in China.In second part, by understanding the problems existing in the transfer of rural land contracting right in China, the author on one hand praised the achievements which we’ve already got in this legal system, on the other hand reflected and analyzed the shortages and problems.The third part mainly put forward some ideas and suggestions on the improvement of the transfer system of right of land contract and management. Based on the review and analysis in first two parts, combined with China’s current situation, the author pointed out that some implementation should be taken in current transfer system of right of land contract and management. Apart from this, the author came up with some ideas on how to further accelerate the transfer of the system, increase famers’income and invigorate the rural economy.